Property Law queries [14201]

All Resolved Open

Clarence Pais 24 August 2009 at 19:32

Indian Succession Act

Dear Mr. Tripathi,
Senior Advocate

My question is:
Under ISA must the heir himself file suit, or can suit be filed by Power of Attorney holder on behalf of heir.

Under ISA Act, here is father who is deceased, property which belonged to the father by Settlement Deed of 1921 was handed over to sons by oral partition of 1962, which is oral partition is recognised by a 1976 compromise decree of the Munsiffs Court, Mangalore. Now daughter files suit under ISA which is neither administrative suit, nor a suit to challenge Will by probate suit, but is filed for property that belongs to the sons, to set aside the compromise decree on grounds of fraud claiming that decree was obtained to defeat provisions of ULCR Act. THe SLP is filed by the POA holder and not the Petitioner claims ISA is applicable and proceeds to examine applicablility of ULCR Act once again whereas the courts below have upheld ULCR Act not applicable. My question can SLP be filed by POA under Indian Succession Act claiming for property that belongs to sons alleging fraud to defeat provisions of ULCR Act

I've misplaced your book on Commentary to Indian Succession Act 1926 with 2002 Amendment No 26, which has been found very useful to me. I'm unable to get another copy in Mumbai. So please, please I would be obliged if you could kindly send me a copy per VPP

I remain obliged

Clarence Pais

Continue

akash jain 24 August 2009 at 18:03

criminal case can be lodged?

Sir,

Please suggest me-

If a party in the Case in Civil matter ,take out True certified copy of any document from Court and submit it in the another Civil Court,by modifying it and produce in the Civil Court as it is the photocopy of the true certified copy ,can any action may be taken against him for making changes in the True certified copy and taking a photocopy of it and submitting the Document in some case in Civil Court ?

Can Contempt of Court or Criminal Case can be filled against him or any other case can be filled against him and how that had to be proved in the Court,where he submitted that fabricated document?

Please Suggest me Your valuable opinion and oblidged.

Thanking You Sirs,

Yours

akash

Continue

akash jain 24 August 2009 at 17:49

Who bears the Registration Expenses ?

Res. Sir,

Please let me know,who pays and bear the Registration Expenses for sale of a Immovable residential Property in India ?

Please also let me know,that if the Registry was found understamped,To whom notices will be delivered by Dist.Registry Dept -to buyer,or to seller or to both and under what section ?

kindly help me.

Thanking You sirs,

Yours,

akash maheshwari

Continue

akash jain 24 August 2009 at 17:40

Income Tax Act ,1961,information reqired for A.Y year 1979-

RES.Sir,

Please tell me the provisions under I.T Act.1961 for A.Y 1979-80,under Section 230A(1),and
U/S 269L(2) ,and U/S 269(1)in A.Y 1979-80,and 1980-81 ?

Under Section 269L(2),and 269(1) of I.T Act,1961 ,to whom notice use to served by the I.T.Dept.?

Please help me and oblidge.

Thanking You Sirs,

Akash maheshwari

Continue

akash jain 24 August 2009 at 17:26

required valuable opinion

I have purchased a residential property near about 30 yrs back.We got the sale deed Registered through the power of attorney holder of the seller.
The property is muted by us in Muncipal records from then and we are staying there peacefully till now and paying all dues etc in our name as owner.
Recently the owner,3 years back ,after knowing that we lost the copy of power of attorney of seller,refused the registry and given ground that he left the place at the of Registry,and he never sold the property to us.
The registered deed of sale contains Income Tax permission under Section 230A[1],of I.T .Act 1961,which was signed by the original parties and is attached in the registry.The I.T. permission was from the other State,where the seller was filling Income Tax returns and having their Head Office.
Now,can I call the Income Tax Dept of that State from where the order was issued to seller,for witness in Civil Court,where I filled Title deed suit against the seller.The said Order or Permission Order U/S 230A[1] of I.T Act,1961 ,was taken before 30 yrs by the seller.
-what is the process to call them?
-IS Civil Court of one State is having Rights to Call for witness from some another state of India,Or we have to go there,to that State,with my Lawyer,Oath Commissioner,appointed by Court for taking the statement Income Tax Dept of that State?
-Can I will get reply from that Dept. ,after 30 yrs about its verification of that order?
-Can I take use of Right to Information Act,and get some useful reply from that Dept. and avoid going their,so long and incurring so much expenses?
-If I can take use of Right to Information Act,what I must ask to them and for expenses ,what and in which form I have to send money for getting information from I.T Dept.?
_ I.T Dept may refuse to give reply,as the document and information needed by me is of more than 30 yrs old,so what may be appropriate way to ask them ,so as to get reply required for purpose?
What else help and valuable opinion of yours can be received to me in such a matter?
What was the clauses of Section 230A[1],of I.T .Act 1961 and what was the process in Year 1978 to get the Permission under that section of I.T Act,1961?
Please help me and oblidged.
Thanking You sirs,
Akash Maheshwari

Continue

Salik Khan 24 August 2009 at 17:06

Enrollment of Advocate above 26 years age and in business

Hi
I have just cleared LLB Degree, I wish to start practising and hence I need to register with Bar council of State. There is a clause in the form that if you are above 26 years of age and.
1. If you have not engaged in any service or business. you need to give an affidavit.
2. If you have engaged in business or trade etc you need to submit releving letter etc.

I am a proprietor of a business,
Now in my case whether point 1. hereinabove will be quicker or point 2. and which one is advisable

if point 2. what procedure

Continue

Sushanta 24 August 2009 at 16:40

Category of a given judgment.

Hello Sir,

Could you please tell me how to know under which category ( Criminal case, Family matters , etc) a give judgment is falling ?

I am considering the supreme court judgments available at :--- "http://www.commonlii.org/in/cases/INSC/".

Thanks in advance.

~Sushanta

Continue